The Path of Duty Down Under

Catherine James, Acting General Counsel and Executive General Manager, Corporate Affairs, Challenger Limited, Australia

The focus of this paper is on the priority duties owed by Australian life companies and their directors to policyholders and addresses how those duties operate where the policyholder is a superannuation fund trustee. It also analyses the very limited circumstances where an Australian life company may owe certain other direct duties to a member of an Australian superannuation fund.

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Australia Directors' and Officers' Liability Insurance September 2016 Vol. 9, No. 36, Summer 2016

Catherine James

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Catherine James has over 20 years’ experience as a legal practitioner in NSW, Australia, with significant experience in financial services. Catherine is responsible for Challenger's legal risk management, company secretariat and corporate affairs. Her main areas of legal practice span life insurance, funds management, banking and finance, mergers and acquisitions, private equity, infrastructure, and corporate governance. Catherine joined Challenger in 2002 from Minter Ellison Lawyers where she was a Senior Associate in the Corporate Division. Catherine is a Graduate Member of the Australian Institute of Company Directors (AICD), and a member of Financial Services Council Life Regulatory Affairs Working Group, and the Association of Corporate Counsel Australia (ACC) (including the ACC GC 100 Company / Business Law and Corporate Governance Working Group, and the ACC Professional Development and Practice Management Working Group). Qualifications: B.Com (UNSW), LLB(Hons)(Bond), BCL (Oxon), GAICD

Challenger Limited

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Challenger Limited is an ASX 100 company, managing $60 billion of assets, whose vision is to provide its customers with financial security for retirement. Challenger's APRA regulated life company is the largest provider of annuities in Australia, and its funds management business is the seventh largest Australian fund manager.

Australia Directors' and Officers' Liability Insurance September 2016 Vol. 9, No. 36, Summer 2016